S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    312
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to expanding laws  benefiting
   child  performers to include children who participate in online videos
   that generate earnings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1, 2, and 3 of section 150 of the labor law,
 subdivision 1 as amended by chapter 411 of the laws of 2013, and  subdi-
 visions 2 and 3 as added by chapter 630 of the laws of 2003, are amended
 to read as follows:
   1.  "Artistic or creative services" shall include, but are not limited
 to, (A) services as an actor, actress, dancer, musician, comedian, sing-
 er, stunt-person, voice-over artist, runway or  print  model,  or  other
 performer or entertainer, or as a songwriter, musical producer or arran-
 ger,  writer,  director,  producer, production executive, choreographer,
 composer, conductor, INFLUENCER, or designer; AND/OR
   (B) PARTICIPATION IN A VIDEO THAT IS POSTED TO A VIDEO-SHARING  AND/OR
 SOCIAL  NETWORKING  INTERNET WEBSITE WHICH GENERATES EARNINGS FROM SPON-
 SORS OR BY OTHER MEANS, BASED ON THE NUMBER OF VIEWS OF SUCH  VIDEO,  OR
 BASED ON THE NUMBER OF CLICKS ON A LINK LEADING TO SUCH VIDEO.
   2.  "Child  performer"  shall mean any child under the age of eighteen
 who (a) resides in the state of New York and who agrees to render artis-
 tic or creative services; [or]
   (b) agrees to render artistic or creative services in the state of New
 York; OR
   (C) AGREES TO RENDER ARTISTIC OR CREATIVE SERVICES UNDER PARAGRAPH (B)
 OF SUBDIVISION ONE OF THIS  SECTION  WHERE  SUCH  ARTISTIC  OR  CREATIVE
 SERVICES  WERE RECORDED IN THE STATE OF NEW YORK OR UPLOADED TO A VIDEO-
 SHARING AND/OR SOCIAL NETWORKING INTERNET WEBSITE FROM WITHIN THE  STATE
 OF NEW YORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01323-01-3
              

 A. 312                              2
 
   3.  "Child  performer's  employer"  shall  mean (A) a person or entity
 which employs a child performer to furnish artistic or creative services
 for a fee either directly or through a  third-party  provider  (loan-out
 company)  or  an  agency  or  service that provides artistic or creative
 services (casting agency); OR
   (B)  A  VIDEO-SHARING  AND/OR  SOCIAL NETWORKING INTERNET WEBSITE THAT
 GENERATES EARNINGS  FROM  VIDEOS  QUALIFYING  AS  ARTISTIC  OR  CREATIVE
 SERVICES BY A CHILD PERFORMER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  312--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, LEVENBERG, RAGA -- read once and
   referred to the Committee on Labor -- recommitted to the Committee  on
   Labor  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the labor law and the estates, powers and trusts law, in
   relation  to  establishing  protections for minors who are featured in
   influencer-generated content
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    The article heading of article 4-A of the labor law, as
 added by chapter 630 of the laws of 2003, is amended to read as follows:
                EMPLOYMENT AND EDUCATION OF CHILD PERFORMERS
                 AND MINORS ENGAGED IN WORK AS INFLUENCERS
 
 § 2. Section 150 of the labor law is amended by adding five new subdivi-
 sions 9, 10, 11, 12, and 13 to read as follows:
   9. "ONLINE PLATFORM" SHALL MEAN ANY PUBLIC-FACING WEBSITE, WEB  APPLI-
 CATION,  OR DIGITAL APPLICATION, INCLUDING A MOBILE APPLICATION. "ONLINE
 PLATFORM" INCLUDES A SOCIAL NETWORK, ADVERTISING NETWORK, MOBILE OPERAT-
 ING SYSTEM, SEARCH ENGINE, EMAIL SERVICE, OR INTERNET ACCESS SERVICE.
   10. "FAMILY"  SHALL  MEAN  A  GROUP  OF  PERSONS  RELATED  BY BLOOD OR
 MARRIAGE, INCLUDING CIVIL PARTNERSHIPS, OR WHOSE CLOSE RELATIONSHIP WITH
 EACH OTHER IS CONSIDERED EQUIVALENT TO  A  FAMILY  RELATIONSHIP  BY  THE
 INDIVIDUALS.
   11. "INFLUENCER" SHALL MEAN AN INDIVIDUAL OR FAMILY THAT CREATES VIDEO
 CONTENT, PERFORMED IN THE  STATE,  IN  EXCHANGE  FOR  COMPENSATION,  AND
 INCLUDES  ANY SOLE PROPRIETORSHIP, PARTNERSHIP, COMPANY, OR OTHER CORPO-
 RATE ENTITY ASSUMING THE NAME OR IDENTITY OF A PARTICULAR INDIVIDUAL  OR
 FAMILY  FOR THE PURPOSES OF THAT CONTENT CREATION. "INFLUENCER" DOES NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01323-05-4
              

 A. 312--B                           2
 
 INCLUDE ANY PERSON UNDER THE AGE OF  EIGHTEEN  WHO  PRODUCES  THIER  OWN
 PIECES OF INFLUENCER-GENERATED CONTENT.
   Á12.  "INFLUENCER-GENERATED  CONTENT"  SHALL MEAN CONTENT SHARED ON AN
 ONLINE PLATFORM IN EXCHANGE FOR COMPENSATION.
   13. (A) "MINOR FEATURED IN INFLUENCER-GENERATED CONTENT" SHALL MEAN  A
 MINOR  UNDER THE AGE OF EIGHTEEN WHO IS CONSIDERED ENGAGED IN WORK AS AN
 INFLUENCER WHEN THE FOLLOWING CRITERIA ARE MET AT ANY  TIME  DURING  THE
 PREVIOUS TWELVE-MONTH PERIOD:
   (I)  AT  LEAST  THIRTY  PERCENT  OF  AN INFLUENCER'S COMPENSATED VIDEO
 CONTENT PRODUCED WITHIN A THIRTY-DAY PERIOD INCLUDED THE LIKENESS, NAME,
 OR PHOTOGRAPH OF THE  MINOR.  CONTENT  PERCENTAGE  IS  MEASURED  BY  THE
 PERCENTAGE  OF TIME THE LIKENESS, NAME, OR PHOTOGRAPH OF THE MINOR VISU-
 ALLY APPEARS OR IS THE SUBJECT OF AN ORAL NARRATIVE IN A VIDEO  SEGMENT,
 AS COMPARED TO THE TOTAL LENGTH OF THE SEGMENT; AND
   (II)  THE  NUMBER  OF  VIEWS  RECEIVED PER VIDEO SEGMENT ON ANY ONLINE
 PLATFORM MET THE ONLINE  PLATFORM'S  THRESHOLD  FOR  THE  GENERATION  OF
 COMPENSATION  OR  THE  INFLUENCER RECEIVED ACTUAL COMPENSATION FOR VIDEO
 CONTENT EQUAL TO OR GREATER THAN TEN CENTS PER VIEW.
   (B) A MINOR ENGAGED IN WORK AS AN INFLUENCER SHALL  NOT  BE  DEEMED  A
 CHILD PERFORMER FOR THE PURPOSES OF THIS ARTICLE IN REGARDS TO SUCH WORK
 AS AN INFLUENCER.
   §  3.  Section  154-a of the labor law is renumbered section 156 and a
 new section 155 is added to read as follows:
   § 155. MINORS FEATURED IN  INFLUENCER-GENERATED  CONTENT.    1.  EVERY
 INFLUENCER  WHOSE INFLUENCER-GENERATED CONTENT FEATURES MINORS UNDER THE
 AGE OF EIGHTEEN ENGAGED IN WORK AS INFLUENCERS AS PROVIDED  IN  SUBDIVI-
 SION THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW SHALL ESTAB-
 LISH  A  MINOR  INFLUENCER  TRUST ACCOUNT PURSUANT TO THE PROVISIONS  OF
 SECTION 7-7.2 OF THE ESTATES, POWERS AND TRUSTS LAW FOR EACH SUCH MINOR.
   2. ALL INFLUENCERS WHOSE CONTENT FEATURES A MINOR  UNDER  THE  AGE  OF
 EIGHTEEN  ENGAGED  IN WORK AS AN INFLUENCER SHALL MAINTAIN THE FOLLOWING
 RECORDS AND SHALL PROVIDE THEM TO THE MINOR ON AN ONGOING BASIS:
   (A) THE NAME AND DOCUMENTARY PROOF OF THE AGE OF THE MINOR ENGAGED  IN
 WORK AS AN INFLUENCER;
   (B)  THE  NUMBER OF PIECES OF INFLUENCER-GENERATED CONTENT THAT GENER-
 ATED COMPENSATION AS DESCRIBED IN SUBDIVISION THIRTEEN  OF  SECTION  ONE
 HUNDRED FIFTY OF THIS ARTICLE DURING THE REPORTING PERIOD;
   (C)  THE  TOTAL  NUMBER OF MINUTES OF THE INFLUENCER-GENERATED CONTENT
 THAT THE INFLUENCER RECEIVED COMPENSATION FOR DURING THE REPORTING PERI-
 OD;
   (D) THE TOTAL NUMBER OF MINUTES EACH MINOR WAS FEATURED  IN  INFLUENC-
 ER-GENERATED CONTENT DURING THE REPORTING PERIOD;
   (E) THE TOTAL COMPENSATION GENERATED FROM INFLUENCER-GENERATED CONTENT
 FEATURING A MINOR DURING THE REPORTING PERIOD; AND
   (F) THE AMOUNT DEPOSITED INTO THE TRUST ACCOUNT FOR THE BENEFIT OF THE
 MINOR  ENGAGED IN WORKING AS AN INFLUENCER, AS REQUIRED BY SECTION 7-7.2
 OF THE ESTATES, POWERS AND TRUSTS LAW.
   3. IF AN INFLUENCER WHOSE INFLUENCER-GENERATED CONTENT FEATURES MINORS
 UNDER THE AGE OF EIGHTEEN ENGAGED IN WORK AS INFLUENCERS FAILS TO  MAIN-
 TAIN  THE  RECORDS  AS  PROVIDED IN SUBDIVISION TWO OF THIS SECTION, THE
 MINOR MAY COMMENCE A CIVIL ACTION TO  ENFORCE  THE  PROVISIONS  OF  THIS
 SECTION.
   §  4.  The  estates,  powers and trusts law is amended by adding a new
 section 7-7.2 to read as follows:
 § 7-7.2 MINOR INFLUENCER TRUST ACCOUNT
 A. 312--B                           3
 
   1. AS USED IN THIS SECTION, THE TERMS  "INFLUENCER"  AND  "INFLUENCER-
 GENERATED  CONTENT"  SHALL  HAVE  THE  SAME  MEANINGS  AS SUCH TERMS ARE
 DEFINED IN SUBDIVISION THIRTEEN OF SECTION  ONE  HUNDRED  FIFTY  OF  THE
 LABOR LAW.
   2.  A  MINOR SATISFYING THE CRITERIA DESCRIBED IN SUBDIVISION THIRTEEN
 OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW MUST BE COMPENSATED BY THE
 INFLUENCER. THE INFLUENCER SHALL SET ASIDE GROSS EARNINGS ON  THE  VIDEO
 CONTENT  INCLUDING  THE  LIKENESS, NAME, OR PHOTOGRAPH OF THE MINOR IN A
 TRUST ACCOUNT TO BE PRESERVED FOR THE BENEFIT OF THE MINOR UPON REACHING
 THE AGE OF MAJORITY, ACCORDING TO THE FOLLOWING DISTRIBUTION:
   (A) WHERE ONLY ONE MINOR MEETS  THE  CONTENT  THRESHOLD  DESCRIBED  IN
 SUBDIVISION  THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW, THE
 PERCENTAGE OF TOTAL GROSS EARNINGS ON ANY VIDEO  SEGMENT  INCLUDING  THE
 LIKENESS,  NAME,  OR PHOTOGRAPH OF THE MINOR THAT IS EQUAL TO OR GREATER
 THAN HALF OF THE CONTENT PERCENTAGE THAT INCLUDES THE MINOR AS DESCRIBED
 IN SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THE  LABOR  LAW;
 OR
   (B) WHERE MORE THAN ONE MINOR MEETS THE CONTENT THRESHOLD DESCRIBED IN
 SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW AND A
 VIDEO  SEGMENT  INCLUDES  MORE  THAN ONE OF THOSE MINORS, THE PERCENTAGE
 DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION FOR  ALL  MINORS  IN  ANY
 SEGMENT  SHALL  BE  EQUALLY  DIVIDED  BETWEEN  THE MINORS, REGARDLESS OF
 DIFFERENCES IN PERCENTAGE OF CONTENT PROVIDED BY THE INDIVIDUAL MINORS.
   3. A TRUST ACCOUNT REQUIRED UNDER THIS SECTION  SHALL  PROVIDE,  AT  A
 MINIMUM, THE FOLLOWING:
   (A) THAT THE FUNDS IN THE ACCOUNT SHALL BE AVAILABLE ONLY TO THE MINOR
 ENGAGED IN WORK AS AN INFLUENCER;
   (B)  THAT  THE  ACCOUNT  SHALL  BE HELD BY A BANK OR TRUST COMPANY, AS
 THOSE TERMS ARE DEFINED IN SECTION TWO OF THE BANKING LAW;
   (C) THAT THE FUNDS IN THE ACCOUNT SHALL BECOME AVAILABLE TO THE  MINOR
 ENGAGED  IN  WORK  AS  AN INFLUENCER UPON THE MINOR ATTAINING THE AGE OF
 EIGHTEEN YEARS OR UNTIL THE MINOR IS DECLARED EMANCIPATED; AND
   (D) THAT THE ACCOUNT MEETS THE REQUIREMENTS OF PART SIX OF THIS  ARTI-
 CLE.
   4.  IF  AN INFLUENCER KNOWINGLY OR RECKLESSLY VIOLATES THIS SECTION, A
 MINOR SATISFYING THE  CRITERIA  DESCRIBED  IN  SUBDIVISION  THIRTEEN  OF
 SECTION  ONE  HUNDRED  FIFTY  OF THE LABOR LAW MAY COMMENCE AN ACTION TO
 ENFORCE THE PROVISIONS OF THIS SECTION REGARDING THE TRUST ACCOUNT.  THE
 COURT MAY AWARD, TO A MINOR  WHO  PREVAILS  IN  ANY  ACTION  BROUGHT  IN
 ACCORDANCE WITH THIS SECTION, THE FOLLOWING DAMAGES:
   (A) ACTUAL DAMAGES;
   (B) PUNITIVE DAMAGES; AND
   (C)  THE COSTS OF THE ACTION, INCLUDING ATTORNEY'S FEES AND LITIGATION
 COSTS.
   5. THIS SECTION SHALL NOT AFFECT ANY RIGHT OR REMEDY  AVAILABLE  UNDER
 ANY OTHER LAW OF THE STATE.
   6.  NOTHING CONTAINED IN THIS SECTION SHALL BE INTERPRETED TO HAVE ANY
 EFFECT ON A PARTY THAT IS NEITHER THE INFLUENCER NOR THE  MINOR  ENGAGED
 IN WORK AS AN INFLUENCER.
   §  5.  Subdivision  2  of  section  130 of the labor law is amended by
 adding a new paragraph i to read as follows:
   I. A MINOR UNDER FOURTEEN YEARS OF AGE ENGAGED IN WORK AS AN INFLUENC-
 ER IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY OF THIS CHAPTER.
   § 6. Subdivision 3 of section 131 of  the  labor  law  is  amended  by
 adding a new paragraph h to read as follows:
 A. 312--B                           4
 
   H.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO PROHIBIT A MINOR
 FOURTEEN OR FIFTEEN YEARS OF AGE FROM BEING ENGAGED IN WORK AS AN INFLU-
 ENCER IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY OF THIS CHAPTER.
   §  7.  Subdivision  3  of  section  132 of the labor law is amended by
 adding a new paragraph g to read as follows:
   G. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  PROHIBIT  A  MINOR
 SIXTEEN  OR  SEVENTEEN  YEARS  OF  AGE  FROM BEING ENGAGED IN WORK AS AN
 INFLUENCER IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY OF THIS CHAPTER.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.